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IN THE MATTER OF ARBITRATION BETWEEN EASTMAN ASSOCIATES, INC.

512195.

90 A.D.3d 1284 (2011)

935 N.Y.S.2d 166

2011 NY Slip Op 9065

In the Matter of the Arbitration Between EASTMAN ASSOCIATES, INC., Respondent, and JUAN ORTOO HOLDINGS, LTD., Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 15, 2011.

MALONE JR., J.

Petitioner was hired by respondent to construct a lodge in Otsego County and the parties entered into a construction contract that contained provisions requiring all claims and disputes to be subject to binding arbitration. After a dispute arose between the parties, petitioner filed a demand for arbitration, seeking payment due on the contract, less the costs associated with resolving an alleged sound attenuation problem in the lodge. Respondent counterclaimed...

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